Patterns of Relitigation in the Postdivorce Family

Abstract

The involvement of divorcing families with the court system is commonly thought to be transient, ending with the ratification of the terms of the divorce, and, subsequently, with divorce itself. This is the case with some families, whose involvement is limited to legal endorsement of their divorce agreement. For other families, involvement is intense and enduring and often extends many years into the postdivorce period. Litigation (defined here as the filing of any type of motion in connection with a divorce) has been linked, in several ways, with poor outcome for parents and children, and is, therefore, a cause for concern. The actual process of litigating can be problematic, causing discomfort for parents (Spanier & Anderson, 1979), intensifying destructive conflict (Emery, Hetherington, & DiLalla, 1984), and increasing the psychological maladjustment of children (Saayman & Saayman, 1989). Litigation is often an index of interparental conflict and/or poor communication, and a consistent predictor of poor adjustment, low self-esteem, and behavior problems for children (e.g., Camara & Resnick, 1989; Johnston, Campbell, & Mayes, 1985; Steinman, Zemmelman, & Knoblauch, 1985). We have chosen to focus on the period of litigation after divorce, referred to here as relitigation, because it can be particularly troublesome for families. Although some families return to court to ratify extant informal arrangements, or to institute legal changes to which both parents have agreed, we expect that relitigation under nonconflictual conditions is relatively rare. Returning to court for resolution of custody, visitation, and child support issues often indicates that parents are unable to adhere to extant arrangements for their children, or that the arrangements are unsatisfactory. In many cases, it also suggests considerable and enduring interparental conflict. The relitigation process can be lengthy and arduous, sometimes lasting until children have graduated from college. During this time, the parents and, particularly, the children have no relief from the divorce process. Parents remain under stress and unsettled, and children remain uncertain about the basic structure of their daily lives. We know little about the characteristics of postdivorce litigation and the families who engage in it. Litigation has rarely been the primary object of investigation. When considered, it is most often used to measure the success of custody arrangements (Ilfeld, Ilfeld, & Alexander, 1982; Leupnitz, 1986; Steinman et al., 1985), mediation (Bahr, 1981), or divorce-related counseling (Irving et al., 1981). Litigation has also been used as an index of conflict in divorcing families (Ash & Guyer, 1986). These diverse, and sometimes tangential, sources of available information yield data that are largely inconsistent and not often generalizable. Data are often limited to clinical samples, or to a specific type of family (e.g., those with joint legal or physical custody). The most basic aspects of litigation, such as its volume and content, have been largely ignored. The longitudinal picture also remains unclear; divorcing families are usually followed for only short periods of time, from 1 year (Steinman et al., 1985) to 2 years (Ash & Guyer, 1986; Cline & Westman, 1971). Pre- and postdivorce litigation are not consistently differentiated. GOALS, RESEARCH QUESTIONS, AND HYPOTHESES The main objective of relitigation research should be to determine its effects on families, particularly children. Documentation is a first step. Although the scope of this study is limited to information in the court records, we begin this documentation process, presenting an overview of the scope and specifics of postdivorce litigation. We concentrate on areas of greatest relevance to children of divorce--custody, visitation, and child support. We explore five research questions and associated hypotheses. …